(a)(1) The court
may find a person to be a "vexatious litigant" if the person,
including an attorney acting pro se, without legal representation, does any of
the following:

(a)(1)(A) In the
immediately preceding seven years, the person has filed at least five claims
for relief, other than small claims actions, that have been finally determined
against the person, and the person does not have within that time at least two
claims, other than small claims actions, that have been finally determined in
that person’s favor.

(a)(1)(B) After a
claim for relief or an issue of fact or law in the claim has been finally
determined, the person two or more additional times re-litigates or attempts to
re-litigate the claim, the issue of fact or law, or the validity of the
determination against the same party in whose favor the claim or issue was
determined.

(a)(1)(C) In any
action, the person three or more times does any one
or any combination of the following:

(a)(1)(C)(iii)
conducts unnecessary discovery or discovery that is not proportional to what is
at stake in the litigation, or

(a)(1)(C)(iv)
engages in tactics that are frivolous or solely for the purpose of harassment
or delay.

(a)(1)(D) The
person purports to represent or to use the procedures of a court other than a
court of the United States, a court created by the Constitution of the United
States or by Congress under the authority of the Constitution of the United
States, a tribal court recognized by the United States, a court created by a
state or territory of the United States, or a court created by a foreign nation
recognized by the United States.

(b)(4) abide by
a prefiling order requiring the vexatious litigant to
obtain leave of the court before filing any paper, pleading, or motion in a
pending action;

(b)(5) abide by
a prefiling order requiring the vexatious litigant to
obtain leave of the court before filing any future claim for relief; or

(b)(6) take any
other action reasonably necessary to curb the vexatious litigant’s abusive
conduct.

(c) Necessary findings and security.

(c)(1) Before
entering an order under subparagraph (b), the court must find by clear and
convincing evidence that:

(c)(1)(A) the
party subject to the order is a vexatious litigant; and

(c)(1)(B) there
is no reasonable probability that the vexatious litigant will prevail on the
claim.

(c)(2) A
preliminary finding that there is no reasonable probability that the vexatious
litigant will prevail is not a decision on the ultimate merits of the vexatious
litigant’s claim.

(c)(3) The court
shall identify the amount of the security and the time within which it is to be
furnished. If the security is not furnished as ordered, the court shall dismiss
the vexatious litigant’s claim with prejudice.

(d) Prefiling orders in a pending action.

(d)(1) If a
vexatious litigant is subject to a prefiling order in
a pending action requiring leave of the court to file any paper, pleading, or
motion, the vexatious litigant shall submit any proposed paper, pleading, or
motion to the judge assigned to the case and must:

(d)(1)(A)
demonstrate that the paper, pleading, or motion is based on a good faith
dispute of the facts;

(d)(1)(B)
demonstrate that the paper, pleading, or motion is warranted under existing law
or a good faith argument for the extension, modification, or reversal of
existing law;

(d)(1)(C) include
an oath, affirmation or declaration under criminal penalty that the proposed
paper, pleading or motion is not filed for the purpose of harassment or delay
and contains no redundant, immaterial, impertinent or scandalous matter;

(d)(2) A prefiling order in a pending action shall be effective
until a final determination of the action on appeal, unless otherwise ordered
by the court.

(d)(3) After a prefiling order has been effective in a pending action for
one year, the person subject to the prefiling order
may move to have the order vacated. The motion shall be decided by the judge to
whom the pending action is assigned. In granting the motion, the judge may impose
any other vexatious litigant orders permitted in paragraph (b).

(d)(4) All
papers, pleadings, and motions filed by a vexatious litigant subject to a prefiling order under thisparagraph (d) shall include a judicial order authorizing the filing and
any required security. If the order or security is not included, the clerk or
court shall reject the paper, pleading, or motion.

(e) Prefiling orders as to future claims.

(e)(1) A
vexatious litigant subject to a prefiling order
restricting the filing of future claims shall, before filing, obtain an order
authorizing the vexatious litigant to file the claim. The presiding judge of
the judicial district in which the claim is to be filed shall decide the
application. In granting an application, the presiding judge may impose in the
pending action any of the vexatious litigant orders permitted under paragraph
(b).

(e)(2) To obtain
an order under paragraph (e)(1), the vexatious litigant’s application must:

(e)(2)(A)
demonstrate that the claim is based on a good faith dispute of the facts;

(e)(2)(B)
demonstrate that the claim is warranted under existing law or a good faith
argument for the extension, modification, or reversal of existing law;

(e)(2)(C) include
an oath, affirmation, or declaration under criminal penalty that the proposed
claim is not filed for the purpose of harassment or delay and contains no
redundant, immaterial, impertinent or scandalous matter;

(e)(2)(D) include
a copy of the proposed petition, complaint, counterclaim, cross-claim, or third
party complaint; and

(e)(2)(E) include
the court name and case number of all claims that the applicant has filed
against each party within the preceding seven years and the disposition of each
claim.

(e)(3) A prefiling order limiting the filing of future claims is
effective indefinitely unless the court orders a shorter period.

(e)(4) After
five years a person subject to a pre-filing order limiting the filing of future
claims may file a motion to vacate the order. The motion shall be filed in the
same judicial district from which the order entered and be decided by the
presiding judge of that district.

(e)(5) A claim
filed by a vexatious litigant subject to a prefiling
order under this paragraph (e) shall include an order authorizing the filing
and any required security. If the order or security is not included, the clerk
of court shall reject the filing.

(f) Notice of vexatious litigant orders.

(f)(1) The
clerks of court shall notify the Administrative Office of the Courts that a
pre-filing order has been entered or vacated.

(f)(2) The
Administrative Office of the Courts shall disseminate to the clerks of court a
list of vexatious litigants subject to a prefiling
order.

(g) Statute of limitations or time for filing tolled. Any
applicable statute of limitations or time in which the person is required to
take any action is tolled until 7 days after notice of the decision on the
motion or application for authorization to file.

(h) Contempt sanctions. Disobedience by a vexatious litigant of a
pre-filing order may be punished as contempt of court.

(i) Other authority. This rule does not
affect the authority of the court under other statutes and rules or the
inherent authority of the court.